Can a patent examiner request information about related applications or patents?

Yes, a patent examiner can request information about related applications or patents. According to MPEP 704.11(a), this includes:

  • Copies of related applications
  • Copies of other pending U.S. applications
  • Copies of foreign patent documents cited in the specification
  • Dates of public use or sale
  • Information regarding inventorship

The MPEP specifically states: ‘Information reasonably necessary for finding prior art … may include … copies of related applications or related patents referred to in the specification.’ This allows examiners to comprehensively evaluate the invention’s novelty and non-obviousness in light of related work.

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Tags: prior art search, related applications